A trio of lawyers representing Iowa State athletes in the state’s sports gambling investigation has responded to the Iowa Department of Public Safety’s support of the DCI’s methods of investigating.
The full statement, shared by WHO’s Keith Murphy over social media, can be read below.
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Breaking: Full statement from Van M. Plumb, Matt Boles, and Sandy Law Firm’s reply to DPS Statement of March 1, 2024.
“The Iowa Department of Public Safety’s (“DPS”) support of DCI’s unregulated use of GeoComply’s geolocation search tool to conduct warrantless criminal investigations without reasonable cause is deeply concerning, especially given the knowledge it had prior to issuing its statement on January 31, 2024. For example:
“DPS knew, or should have known, that GeoComply terminated DCI’s access to Kibana due to DCI’s apparent abuse of the geolocation search tool. Although the effective date of termination was January 26, 2024, GeoComply and the Iowa Racing and Gaming Commission (“IRGC”)—the agency responsible for enforcing Iowa’s administrative rules and regulations related to sports wagering—decided to terminate DCI’s access to Kibana as early as October 2023.
“DPS knew, or should have known, that the stated basis and ultimate termination of DCI’s Kibana access was exculpatory evidence that should have been disclosed to the State prosecuting the individuals criminally charged in DCI’s collegiate gambling investigation. In fact, Sandy Law Firm discovered this information in an IRGC open records response produced in late February 2024, which also included other exculpatory evidence, such as other DCI special agents’ belief that the use of GeoComply’s geolocation search tool required warrants supported by probable cause.
“DPS knew, or should have known, that DCI Special Agent Brian Sanger not only used Kibana to geofence standalone restricted access athletic facilities at Iowa and Iowa State, but also obtained comprehensive geolocation history logs for those accounts he identified. Special Agent Sanger was able to see exactly where and when these online sports wagering apps were opened, including the confines of these individuals’ homes.
“DPS knew, or should have known, that DCI was not using Kibana to enforce Iowa’s administrative rules and regulations related to sports wagering. Aside from the fact that IRGC decided to terminate DCI’s access to Kibana, Special Agent Sanger confirmed multiple times throughout his deposition that DCI only used Kibana for investigating crimes, not to enforce Iowa administrative rules and regulations related to sports wagering. As Special Agent Sanger made clear, IRGC reports potential crimes to the DCI, and then DCI investigates those potential crimes. However, the DCI received no such report from the IRGC, GeoComply, or any online sportsbook operator.
“DPS doubling down on its support of DCI’s investigation is alarming, and its failure to disclose some of the aforementioned exculpatory information to the prosecution appears to have been concerning enough for the Story County Attorney’s Office to dismiss its pending criminal cases against our clients.
“We understand Commissioner Bayens’ comments supporting the agents involved in the investigation of Iowa’s Student Athletes, as well as his recognition that law enforcement officers take an oath to uphold the law without exception, even when it’s difficult. Special Agent Mark Ludwig, other Special Agents and their families, including one that may have experienced significant health issues related to this investigation, need that support. It takes people of true character and fortitude to stand up against their co-workers, supervisors, and employer when those Special Agents are not following the rules because they take their oaths seriously.
“Special Agent Mark Ludwig took an oath to tell the truth during a deposition where he answered: DCI violated individuals’ constitutional rights to privacy when DCI searched and obtained those individuals’ geolocation data without a warrant or reasonable, articulate suspicion to conduct the search; and other DCI agents shared his beliefs about DCI’s investigation and “refused” to take part in it.
“We truly hope these Special Agents, and their families, are receiving the same support as those we allege broke the rules and laws they were expected to uphold against 100s of people. “The greater tragedy herein is the enormous impact on private lives law enforcement can wield when given unfettered access to technology to search and seize your electronic geolocation data and communications without so much as reasonable cause.”
